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HRM Practices and Mediation: Lessons Learnt from the UK

  • Ria DeakinEmail author
Chapter
Part of the Industrial Relations & Conflict Management book series (IRCM)

Abstract

Given that much of the research about the use of workplace mediation in the UK has been published in the last 5 years, you may be forgiven for thinking that the idea of workplace mediation is a relative newcomer to debates about how conflict should be dealt with in the workplace. This conclusion, however, would be inaccurate. Arguments for the greater use of workplace mediation as a way of improving workplace relations by moving to more informal approaches and tackling the numbers of employees who seek resolution through formal systems have been present in policy debates for decades. Despite this, just 7 % of workplaces indicated that they have experience with workplace mediation (in the 12 months prior to the survey) (Van Wanrooy et al. 2013). This presents a confusing picture of the status of workplace mediation in the UK and it is to this confusion that this chapter seeks to speak.

Keywords

Trade Union Dispute Resolution Conflict Management Formal Procedure Line Manager 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

References

  1. Advisory, Conciliation and Arbitration Service and the Chartered Institute of Personnel and Development. (2013). Mediation: An approach to resolving workplace issues. London: Acas Publications and CIPD Publications.Google Scholar
  2. Bennett, T. (2013). Workplace mediation and the empowerment of disputants: Rhetoric or reality? Industrial Relations Journal, 44(2), 189–209.CrossRefGoogle Scholar
  3. Bennett, T. (2014). The role of workplace mediation: A critical assessment. Personnel Review, 43(5), 764–799.CrossRefGoogle Scholar
  4. Boon, A., Urwin, P., & Karuk, V. (2011). What difference does it make? Facilitative judicial mediation of discrimination cases in employment tribunals. Industrial Law Journal, 40(1), 45–81.CrossRefGoogle Scholar
  5. Chartered Institute of Personnel and Development. (2015). Conflict management: A shift in direction? Research Report.Google Scholar
  6. Davey, B., & Dix, G. (2011) The dispute resolution regulations two years on: The Acas experience. Acas (Ref: 07/11).Google Scholar
  7. De Palo, G., D’Urso, L., Trevor, M., Branon, B., Canessa, R., Cawyer, B., & Florence, R. (2014). Rebooting the mediation directive: Assessing the limited impact of its implementation and proposing measures to increase the number of mediations in the EU. Brussels: DG for Internal Policies.Google Scholar
  8. Deakin, R. (2014). A theoretical framework for exploring the feasibility and fairness of using mediation to address bullying and harassment in UK workplaces. PhD thesis.Google Scholar
  9. Department of Business, Innovation and Skills. (2011a). Resolving workplace disputes: Government response to the consultation. London: BIS.Google Scholar
  10. Department of Business, Innovation and Skills. (2011b). Resolving workplace disputes: A consultation. London: BIS.Google Scholar
  11. Dolder, C. (2004). The contribution of mediation to workplace justice. Industrial Law Review, 33(4), 320–342.CrossRefGoogle Scholar
  12. Fox, M. (2005). Evaluation of the Acas pilot of mediation, appeals and employment law visit services to small firms (Acas Paper 05/05). London: Acas Publications.Google Scholar
  13. Gibbons, M. (2007). Better dispute resolution: A review of employment dispute resolution in Great Britain. London: Department of Trade and Industry.Google Scholar
  14. Harris, L., Tuckman, A., & Snook, J. (2012). Supporting workplace dispute resolution in smaller businesses: Policy perspectives and operational realities. International Journal of Human Resource Management, 23(3), 607–623.CrossRefGoogle Scholar
  15. Jones, C., & Saundry, R. (2012). The practice of discipline: Evaluating the roles and relationship between managers and HR professionals. Human Resource Management Journal, 22(3), 252–266.CrossRefGoogle Scholar
  16. Keashly, L., & Nowell, B. (2011). Conflict, conflict resolution and bullying. In S. Einarsen, H. Hoel, D. Zapf, & C. Cooper (Eds.), Bullying and harassment in the workplace: Developments in theory, research and practice (2nd ed., pp. 423–446). Boca Raton: CRC Press, Taylor and Francis.Google Scholar
  17. Latreille, P. (2010). Mediation at work: Of success, failure and fragility (Acas Paper 06/10). London: Acas Publications.Google Scholar
  18. Latreille, P. (2011). Mediation: A thematic review of Acas and CIPD evidence (Acas Paper 13/11). London: Acas Publications.Google Scholar
  19. Latreille, P., & Saundry, R. (2015). Towards a system of conflict management? An evaluation of the impact of workplace mediation at Northumbria Healthcare NHS Foundation Trust (Acas Paper 02/2015). London: Acas Publications.Google Scholar
  20. Latreille, P., Buscha, F., & Conte, A. (2012). Are you experienced? SME use of and attitudes towards workplace mediation. International Journal of Human Resource Management, 23(3), 590–606.CrossRefGoogle Scholar
  21. Morris, G. (2012). The development of statutory employment rights in Britain and enforcement mechanisms. In L. Dickens (Ed.), Making employment rights effective: Issues of enforcement and compliance (pp. 7–28). Oxford: Hart Publishing.Google Scholar
  22. Purcell, J. (2010). Individual disputes at the workplace: Alternative disputes resolution. Dublin: European Foundation for the Improvement of Living and Working Conditions. http://www.eurofound.europa.eu/sites/default/files/ef_files/docs/eiro/tn0910039s/tn0910039s.pdf
  23. Ridley-Duff, R., & Bennett, A. (2011). Towards mediation: Developing a theoretical framework to understand alternative dispute resolution. Industrial Relations Journal, 42(2), 106–123.CrossRefGoogle Scholar
  24. Sanders, A. (2009). Part one of the employment Act 2008: ‘Better’ dispute resolution? Industrial Law Journal, 38(1), 30–49.CrossRefGoogle Scholar
  25. Saundry, R., & Wibberley, G. (2012). Mediation and early resolution. A case study in conflict management (Acas Paper 12/12). London: Acas Publications.Google Scholar
  26. Saundry, R., & Wibberley, G. (2014) Workplace dispute resolution and the management of individual conflict-A thematic analysis of five case studies. Acas Research Paper, Ref: 06/14.Google Scholar
  27. Saundry, R., McArdle, L., & Thomas, P. (2013a). Reframing workplace relations? Conflict resolution and mediation in a primary care trust. Work, Employment and Society, 27(2), 212–231.CrossRefGoogle Scholar
  28. Saundry, R., Bennett, T., & Wibberley, G. (2013b). Workplace mediation: The participant experience (Acas Paper 02/13). London: Acas Publications.Google Scholar
  29. Saundry, R., Jones, C., & Wibberley, G. (2015). The challenge of managing informally. Employee Relations, 37(4), 428–441.CrossRefGoogle Scholar
  30. Van Gramberg, B. (2006). The rhetoric and reality of workplace alternative dispute resolution. Journal of Industrial Relations, 48(2), 175–191.CrossRefGoogle Scholar
  31. Van Wanrooy, B., Bewley, H., Bryson, A., Forth, J., Freeth, S., Stokes, L., & Wood, S. (2013). The 2011 workplace employment relations study. First findings. Palgrave Macmillan. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/336651/bis-14-1008-WERS-firstfindings-report-fourth-edition-july-2014.pdf
  32. Wood, R., Saundry, R., & Latreille, P. (2014) Analysis of the nature, extent and impact of grievance and disciplinary procedures and workplace mediation using WERS 2011. Acas Research Paper, Ref: 10/14.Google Scholar

Copyright information

© Springer International Publishing Switzerland 2016

Authors and Affiliations

  1. 1.University of HuddersfieldHuddersfieldUK

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